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HomeMy WebLinkAbout04-0374Jessica Becker Rhoades Adam Rhoades Plaintiff Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : NO. .77 t CIVIL TEmV : IN DIVORCE NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so, the case may proceed without you and a decree of divorce or annulment may be entered against you by the court. A judgment may also be entered against you for any other claim or relief requested in these papers by the Plaintiff. You may lose money or property or other rights importm~t to you, including custody or visitation of your children. When the ground for the divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list ofmmriage counselors is available in the Office of the Prothonotary at the Cumberland County Court House, High and Hanover Streets, Carlisle. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 S. Bedford St. Carlisle, PA 17013 Phone: (717) 249-3166 Jessica Becker Rhoades, Plaintiff V. Adam Rhoades, Defendant 1N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. Oq..dTY CIVIL TERM IN DIVORCE COMPLAINT UNDER SECTION 3301(c) or 3301(d) OF THE DIVORCE CODE l. Plaintiff is Jessica Becker Rhoades, an adult individual who currently resides at 57 Derbyshire Drive, Carlisle, Cumberland County, Pennsylvania. 2. Defendant is Adam Rhoadcs, and adult individual who currently resides at 20 Derbyshire Drive, Carlisle, Cumberland County, Pennsylvania. 3. Plaintiffand Defendant have both been bona fide residents in the Commonwealth for at least six months immediately previous to filing of this Complaint. 4. Plaintiff and Defendant were married on December 30, 2000, at Carlisle, PA. 5. There have been no prior actions of divorce or for annulment between the parties hereto in this or any other jurisdiction. 6. The maniage is irretrievably broken. 7. Plaintiff has been advised that counseling is available, and that Plaintiff may have the right to request that the Court require the parties to participate in counseling. 8. Plaintiff requests the Court to enter a Decree of Divorce. ~el~p ect ful, ly submitted J~ca Becker Rhoades, Plaintiff I verify that the statements made in this Complaint are tree and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. § 4904, relating to unsworn falsification to authorities. Date: Qessica ecker Rhoades, Pla' tiff Jessica Becker Rhoades Adam Rhoades Plaintiff Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CiVIL ACTION - LAW :NO. 05/- ~7} : IN DIVORCE CIVIL TERM AFFIDAVIT OF SERVICE COMMONWEALTH OF PENNSYLVANIA ) : COUNTY OF CUMBERLAND ) ANDNOW this ~ ~ dayof ~,~,a,~/ ,2004, I, JessicaBeckerRhoades, , - re-- 'nt Plaintiff in the above-captioned action, hereby swear tlfat I have served a tree copy of the Complm in Divorce, with Notice to Defend and Claim Rights, executed by the Plaintiff in the above-captioned matter, upon the Defendant at his residence at 20 Derbyshire Drive, Carlisle, PA 17013, by depositing the same in the U.S. Mail, postage prepaid, certified, deliver to addressee only, return receipt requested. A copy of the return receipt card signed by the Defendant on __,Ke~,-~, ~ O~ ~/ ,2004, indicating service was effected, is marked Exhibit "A", attached hereto and made a part hereof. Sworn and subscribed to before me this 076 ~ day of ~ee~,'~' / Notary Public (~essica Beck'er Rhoades, Plaintiff ,2004. Exhibit A · Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. · Print your name and address on the reverse so that we can return the card to you. · Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: 2. Article Number (Copy from service/abe/) PS Form 381 1, duly 1999 ~ ~ [] Addn~ssee ' address different from item 17 DYes If YES, enter delivery address below: [] No 3. Se ' Type ~ified Mail 1'3 Registep~d [] Insured IVlail r-I Express Mail [] Return Receipt for Memhandise [] C.O.D. 4. Restricted Delivery? (Extra Fee) [~'~es Domestic Return Receipt 102595-00-M-0952 Certified Fee Jessica Becket Rhoades Adam Rhoades Plaintiff Defendant IN THE COURT O17 COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - [,AW NO. OC/' ~'~ 5/ CIVIL TERM IN DWORCE MARITAL SETTLEMENT AGREEMENT AGREEMENT, made this j~day of ~0 , between SE SSICA BECKER RHOADES (hereinafter called "Wife") and ADAM RHOADES (hereinafter called "Husband"). WITNESSETH: The parties hereto are Wife and Husband, having been married on December 30, 2000, at Carlisle, PA. There was one children bom of this marriage, Aaron Michael Rhoades, born August 9, 2002. Diverse unhappy differences, disputes and difficulties have ar/sen between the parties and it is the intention of Wife and Husband to live separate and apart for the rest of their natural lives, and the parties hereto desire to settle fully and finally their respective financial and property rights and obligations as between each other, including without limitation: (1) the settling of all matters between them relating to the ownership of real and personal property; (2) the settling of all matters between them relating to the past, present and future: support and/or maintenance of Wife by Husband and of Husband by Wife; (3) in general, the settling of any and all claims and possible claims by one against the other or against their respective estates. NOW THEREFORE, in consideration of the premises and of the mutual promises, covenants and undertakings hereinafter set forth and for other good and valuable consideration, receipt of which is hereby acknowledged by each of the parties hereto, Wife and Husband, each intending to be legally bound hereby, covenant and agree as follows: 1. ADVICE OF COUNSEL Wife and Husband declare that each has had a full and fair opportunity to obtain independent legal advice of counsel of her and his selection; that Husband and Wife, aware of their right to legal representation, declares that it is their express, voluntary and knowing intention not to obtain counsel and each chooses instead to represent himself and herself with respect to the preparation and execution of this Agreement. Husband acknowledges that Wife is an attorney and is in a position to seek assistance from her colleagues. 2. PERSONAL RIGHTS Wife and Husband may and shall, at all times hereafter, live separate and apart. Each shall be free from all control, restraint, interference or authority, direct or indirect, by the other in all respects as fully as if she or he were unmarried. Each may reside at such place or places as she or he may select. Each may, for her or his separate use or benefit, conduct, carry on and engage in any business, occupation, profession or employment that to her or him may seem advisable. This provision shall not be taken, however, to be an admission on the part of either Wife or Husband of the lawfulness of the causes that led to, or resulted in, the continuation of their living apart. Wife and Husband shall not molest, harass, disturb or malign each other or the 2 respective families of each other, nor compel or attempt to compel the other to cohabit or dwell by any means or in any manner whatsoever with her or him. 3. PERSONAL PROPERTY Except as otherwise provided herein, the parties acknowledge that they have heretofore divided between them, at the time of their separation, most of their tangible personal property to their mutual satisfaction, except as otherwise stated. Henceforth, each of them shall own, have and enjoy independently of any claim or right of the other all items of personal property of every kind, now and hereafter owned, or held by him or her, with full power to dispose of same as fully and effectively in all respects and for all purposes as if he or she were unmarried. All property considered to be fixtures at the premises at 20 Derbyshire Drive, Carlisle, PA shall be transferred with the real estate and shall not be divided between the parties by this section of this agreement. The tangible property to be transferred is as set forth on schedule "A" attached hereto. Husband agrees that the property that he possesses at the marital residence at 20 Derbyshire Drive, Carlisle, PA shall be removed from the premises no later than 2 days before the date that the possession of the premises is to be transferred to a new owner. Any property remaining at the premises 1 day before possession is to be transferred to a new owner, shall be deemed to be abandoned, and may be removed and retained by Wife. 3 The parties agree that their intangible personal property shall be divided as follows: Husband: ½ of the balance of Members 1st Account 238029 existing on the date of settlement for the sale of 20 Derbyshire Drive. [the balance in this account as of the date of separation shall be used by Wife to pay occupancy expenses for the premises at 20 Derbyshire Dr., and shall be used for no other purpose.] ½ of the net proceeds received from the sale of Derbyshire Dr, at the time of settlement. ½ of the balance of the loan repayment due from Tom Becket as of the time of the repayment of the loan or at the time of settlement on the sale of 20 Derbyshire Dr., whichever occurs first. [if this debt is not paid by the date of settlement on the real estate, Wife shall distribute this amount to Husband from her share of sale proceeds and Wife shall thereafter be entitled to the entire balance due from Tom Becker.] All bank accounts in Husband's name at the time of the signing of this agreement [this does not include joint accounts]. All retirement benefits, deferred compensation, or tax-deferred savings plans registered in Husband's name Wife: · ~/2 of the balance of Members 1st Account 238029 existing on the date of settlement for the sale of 20 Derbyshire Drive. · ½ of the net proceeds received from the sale of Derbyshire Dr, at the time of settlement. · ½ of the balance of the loan repayment due from Tom Becker as of the time of the repayment of the loan or at the time of settlement on the sale of 20 Derbyshire Dr., whichever occurs first. · All bank accounts in Wife's name at the time of the signing of this agreement [this does not include joint accounts]. · All retirement benefits, deferred compensation, or tax-deferred savings plans registered in Husband's name. Henceforth, each of them shall own, have and enjoy independently of any claim or right of the other all of the above referenced intangible personal property of every kind, now and hereaRer owned, or held by him or her, with full power to dispose of same as fully and effectively in all respects and for all purposes as if he or she were unmarried. 4 4. REAL PROPERTY Husband and Wife agree that their marital real estate at 20 Derbyshire Drive, Carlisle, PA shall be sold as quickly as is commercially reasonably possible. Wife's father, Tom Becker, and/or the real estate agency that he is affiliated with shall be the listing realtor until the property is sold. All decisions about listing price shall be mutually agreed upon by both parties, and if the parties cannot agree, the recommendation of the broker in the listing agency shall control. Pending a sale, Husband shall have the exclusive right to occupy the residence provided that he shall maintain the property by performing necessary snow removal and lawn care as well as ordinary repairs and maintenance. Husband agrees to vacate the premises no later than 2 days before the scheduled settlement for the sale of the premises. Husband shall be responsible for any damage to the property that he shall cause during his period of occupancy. As indicated above in Section number 3, all occupancy expenses pending sale shall be paid from the Members 1st account 238029 by Wife, and any balance remaining in the account at the time of settlement shall be divided between the parties as imficated at section 3 herein. If account 238029 shall become depleted and there are insufficient funds to pay occupancy expenses, each party shall make an equal contribution of funds to account 238029 so that occupancy expenses can by paid. If, after the signing of this agreement, one party makes more contributions to account 238029 than the other party, the differ~mce shall be made up for at the time of the distribution of the net proceeds of sale when the property is sold. 5 For purposes of this section of the agreement, the occupancy expenses consist of: · The mortgage payment · The real estate taxes · The insurance on the property · The electricity · The trash collection · Water and sewer · Telephone · Fuel for heat · Extraordinary repairs 5. FULL DISCLOSURE AND AGREEMENT THAT DIVISION IS EQUITABLE Both parties agree that there has been full disclosure of marital and non-marital assets as reflected on the spreadsheet attached hereto as Schedule "B". Both parties agree that the division of property accomplished by this agreement is fair and equitable. 6. PAYMENTS TO BENEFIT AARON RHOADES Husband and Wife agree to make the following payments for the benefit of their son, Aaron Michael Rhoades: · Husband and Wife shall each transfer five thousand ($5,000.00) dollars from the share of the net proceeds that each shall be entitled to receive from the sale of 20 Derbyshire Drive to a savings account or savings certificate to be registered to Jessica Rhoades, in trust for Aaron Michael Rhoades. Jessica R_hoades, as trustee, shall not use the funds to supplant her obligation to support Aaron Michael Rhoades, but shall preserve the funds for his use after he is sufficiently mature to receive the funds. This transfer shall be made at the time of settlement for the sale of 20 Derbyshire Drive. · Husband and Wife shall each transfer the interest tkom the funds that they receive in repayment of the obligation from Tom Becker to the previously-established Pennsylvania Tuition Assistance Program account for the benefit of Aaron Michael Becker. This transfer shall be made at the time of receipt of payment by Tom Becker, or, for Husband, at the time of settlement for the sale of 20 Derbyshire Drive when he shall receive an amount equivalent to V2 of the debt from Tom Becker in addition to his V2 share of the net proceeds. 7. SPOUSAL SUPPORT AND ALIMONY Husband and Wife do hereby waive, release and give up any rights they may respectively have against the other for alimony, support or maintenance. It shall be, from the date of this Agreement, the sole responsibility of each of the respective parties to sustain themselves without seeking any support from the other party. 8. TAX RETURNS Husband and Wife agree to sign joint returns for the calendar year 2003; and if the parties are entitled to any refund hereunder; the refund shall be divided by charging each party with a share of the total taxes due in proportion of that party's taxable income to the combined taxable income of both parties, and by giving each party credit for the taxes that have been withheld or paid by the party. 9. LIABILITIES Each party represents that they have not contracted any debt or liability for the other for which the estate of the other party may be responsible or liable, and that except only for the rights arising out of this Agreement, neither party will hereafter incur any liability whatsoever for 7 which the other party or the estate of the other party, will be liable. Each party agrees to indemnify or hold the other party harmless from and against all future obligations of every kind incurred by them, including those for necessities. Wife agrees that she is responsible for her own student loans and they are non-marital debt. 10. NO BAR TO FURTHER PROCEEDINGS OR DIVORCE This Agreement shall not be considered to affect or bar the right of Wife or Husband to a limited or absolute divorce on lawful grounds if such grounds now exist or shall hereafter exist or to such defense as may be available. It is agreed that this Agreement shall not be impaired by any divorce decree that may be granted but shall continue in full fome and effect notwithstanding the granting of any such decree. This Agreement is not intended to condone and shall not be deemed to be a condonation on the part of either party hereto of any act or acts on the part of the other party which have occasioned the disputes or unhappy differences which have occurred prior to or which may occur subsequent to the date hereof. 11. MUTUAL RELEASE Wife and Husband each do hereby mutually remise, release, quitclaim and forever discharge the other and the estate of such other, for all time to come, and for all purposes whatsoever, of and from any and all rights, titles and interests, or claims in or against the property (including income and gain from property hereafter accruing) of the other or against the estate of such other, of whatever nature and wheresoever situate, which she or he now has or at any time hereafter may have against the other, the estate of such other or any part thereof, 8 whether arising out of any former acts, contracts, engagements or liabilities of such other or by way of dower or curtesy, or claims in the nature of dower or curtcsy or widow's or widower% fights, family exemption or similar allowance, or under the intestate laws, or the right to take against the spouse's will~ or the right to treat a lifetime conveyance by the other as testamentary, or all other rights of a surviving spouse to participate in a deceased spouse's estate, whether arising under the laws of (a) pennsylvania, (b) any State, Commonwealth or territory of the United States, or (c) any other country, or any rights which Wife may have or at any time hereafter have for past, present or future support or maintenance, alimony, alimony pendente lite, counsel fees, costs or expenses, whether arising as a result of the marital relation or otherwise, except, and only except, all rights and agreements and obligations of whatsoever nature arising or which may arise under this Agreement or for the breach of any thereof. It is the intention of Wife and Husband to give to each other by the execution of this Agreement a full, complete and general release with respect to any and all property of any kind or nature, real, personal or mixed, which the other now owns or may hereafter acquire, except and only except all rights and agreements and obligations of whatsoever nature arising or which may arise under this Agreement or for the breach of any thereof, subject, however, to the implementation and satisfaction of the conditions precedent as set forth herein above. 12. OTHER DOCUMENTATION Wife and Husband covenant and agree that they will forthwith (and within at least 10 days after demand therefor) execute any and all written instruments, assignments, releases, satisfactions, deeds, notes or such other writings as may be necessary or desirable for the proper effectuation of this Agreement, and as their respective counsel shall mutually agree should be so executed in order to carry out fully and effectually the terms of this Agreement. 13. SUCCESSORS' RIGHTS AND LIABILITIES This Agreement shall, except as otherwise provided herein, be binding upon and inure to the benefit of the parties hereto, their respective heirs, executors, administrators, successors or assigns. 14. ENTIRE AGREEMENT Wife and Husband do hereby covenant and warrant that this Agreement contains all of the representations, promises and agreements made by either of them to the other for the purposes set forth in the preamble hereinabove; that there are no claims, promises or representations not herein contained, either oral or written, which shall or may be charged or enforced or enforceable unless reduced to writing and signed by both of the parties hereto; and the waiver of any term, condition, clause or provision of this Agreement shall in no way be deemed to be considered a waiver of any other term, condition, clause or provision of this Agreement. 15. BINDING EFFECT OF AGREEMENT AND ENFORCEMENT This Agreement shall remain in full force and effect unless and until terminated pursuant to the terms of this Agreement. The failure of either party to insist upon strict performance of any of the provisions of this Agreement shall not be construed .as a waiver of any subsequent default of the same or similar nature. 10 The parties intend that this agreement shall be incorporated into, but not merged with, any decree divorcing the parties. All remedies available at law or equity shall be available to enforce the terms of this agreement as there are no limitations of remedies intended. If either party must seek remedial action through the Court, the prevailing party in such action shall be entitled to recover his or her reasonable counsel fees and expenses incurred in the enforcement action. 16. SEPARABILITY If any term, condition, clause or provision of this Agreement shall be determined or declared to be void or invalid in law, or otherwise, then only that term, condition, clause or provision shall be stricken from this Agreement and in all other respects this Agreement shall be valid and continue in full force, effect and operation. Likewise, ~.he failure of any party to meet her or his obligations under any one or more of the paragraphs herein, with the exception of the satisfaction of the conditions precedent, shall in no way avoid or alter the remaining obligations of the parties. 17. HEADINGS Any headings preceding the text of the several paragraphs and subparagraphs hereof are inserted solely for convenience of reference and shall not constil~te a part of this Agreement nor shall they affect its meanings, construction or effect. 11 18. EFFECTIVE DATE The effective date of this Agreement shall be the date upon which it is executed. 19. CONTROLLING LAW This Agreement shall be construed in accordance with the laws of the Commonwealth of Pennsylvania. IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day and year first above written. This Agreement is executed in duplicate, and in counterparts, and Wife and Husband, as parties hereto, acknowledge the receipt of a duly executed copy hereof. Witness Witness ecker Rhoades, date Adam Rhoades, date 12 COMMONWEALTH OF PENNSYLVANIA ) :SS. COUNTY OF CUMBERLAND ) subscriber, a Notary Public for the Commonwealth of Pennsylvania, residing in the County of Cumberland, personally appeared Jessica Becket Rhoades and in due form of law acknowledged the above Agreement to be her act and dec d~de~ed the same to be recolded as such. NOTARIAL SEAL APRIL D. SHEAFFER, Notary Public Car sle Cumberland County My Commission Expires April 23, 2006.] COMMONWEALTH OF PENNSYLVANIA ) :SS. COUNTY OF CUMBERLAND ) Onthis, the [(~ dayof +C~(~(~--,2004,bef°reme'the subscriber, a Notary Public for the Commonwealth of Pennsylvania, residing in the County of Cumberland, personally appeared Adam Rhoades and in due form of law acknowledged the above Agreement to be his act and deed~d~kesire~ same to be recorded as such. M-- NOTARIAL SEAL APRIL D. SHEAFFER, Notary Public Carlisle, Cumberland County y Commission Expires April 23, 200,8,, 13 Schedule "A" Marital Settlement Agreement Jessica Becker Rhoades and Adam Rhoades Property remaining at 20 Derbyshire Drive to be transferred to Jessica Rhoades: · Computer desk, computer and printer · The bathroom stand, currently located in the master bedroom · Hope chest · Bedroom lamps · Full-length mirror · The contents of the guest bedroom, consisting of a bedroom suit · The contents of the bedroom for Aaron Michael R_hoades · Jessica's clothes and personal items · Knicknacks, except those that are Adam's · Washing machine · TV and VCR from master bedroom · TV and DVD player in sunroom · One set of furniture, either from the living room or the sunroom · The TV stand in the living room · The file cabinet · The foyer table and 4 accompanying chairs · The comer stands from the dining room · Grandfather clock · The baker's rack · The green dishes recently acquired by Jessica · The golf picture in the powder room · Jessica's Stairmaster · The photo albums and photos created and kept by Jessica Also, the 1998 Chrysler Town and Country shall be retained by Jessica. Schedule "A" Adam Rhoades Jessica Becker Rhoades Date of Marriage: December 30, 2000 Date of Separation: December 3, 2003 Inventory of Marital Properly Property: Value Residence: 20 Derbyshire Dr., Cadisle $280,000 mortgage hal ($186,000) $94,000 Vehicles: 2002 Nissan Xterra $20,000 1998 Chrysler T&C $12,000 Tangible Personal Property Checking Accounts: Members 1st 238029 Savings Accounts: Members 1st - Adam's Members 1st - Jessica's Note from Tom Becker Employment benefits Jessica's county retirement Jessica's deferred compensation Adam's retirement account $47,000 $20,000 $12,000 $6,000 $10,000 $10,000 $10,000 $17,500 $8,750 $47,000 $12,000 ,]stimaled value Comments estimated value divfded in kind without valuation $6,000 willbereducedbyoccupancyexpensesforhorne valued as of date of distrfbulion 1/6/04 $10,000 va/uedasofdateofd[stfibutionl/6/04 $8,750 therewilla/sobeacctuedinterest $6,800 $6,800 $3,800 $3,800 $750 Liabilities: Totals: $0 $186,850 $91,750 $94,350 Schedule "B" Jessica Becker Rhoades Adam Rhoades Plaintiff Defendant 1N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW : NO. 20~,)-3 -00374 : IN DIVORCE CIVIL TERM AFFIDAVIT OF CONSENT I. A Complaint in Divorce under Section 3301 (c) of the iDivome Code was filed on January 29, 2004. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of filing the Complaint. 3. I consent to the entry of a final decree of divorce after service of notice of intention to request entry of the decree. I verify that the statements made in this Affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. § 4904, relating to unswom falsification to authorities. t'~dam R~oades~D~fendant~ - ~ Jessica Becker Rhoades Adam Rhoades Plaintiff Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : NO. -Z~.3-00374 CIVIL TERM : IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divome under Section 3301 (c) of the iDivorce Code was filed on January 29, 2004. 2. The marriage of Plaintiffand Defendant is irretrievably broken and ninety (90) days have elapsed from the date of filing the Complaint. 3. I consent to the entry of a final decree of divome after service of notice of intention to request entry of the decree. I verify that the statements made in this Affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. § 4904, relating to unswom falsification to authorities. ica Becker Rhoades, Plaintiff Jessica Becker Rhoades Adam Rhoades Plaintiff Defendant : 1N THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : CIVIL ACTION - LAW iNO. CIVILTEP : IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER § 3301(c) OF THE DIVORCE CODE 1. I consent to the entry of a final decree of divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses ifI do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the Prothonotary. I verify that the statements made in this Affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. §4904, relating to unsworn falsification to authorities. Date: J~ca Becker Rhoades, Plaintiff Jessica Becker Rhoades Adam Rhoades Plaintiff Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW i NO. ~-~0374 CIVIL TERM : IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER § 3301(e) OF TItE DIVORCE CODE 1. I consent to the entry of a final decree of divorce without notice· 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses ifI do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a divorce: decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the Prothonotary. I verify that the statements made in this Affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. {}4904, relating to unswom falsification to authorities. Date: /,~an~ Rhoades, D'[f&~lanT - - Jessica Becker Rhoades Adam Rhoades Plaintiff Det~ndant : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. B"/4 IN DIVORCE CIVIL TERM PRAECIPE TO TRANSMIT RECORD TO THE PROTHONOTARY: Transmit the record, together with the following information, to the Court for entry of a divorce Ground for divorce: irretrievable breakdown under Section 3301(c) of the Divorce Code. Date and manner of service of the complaint: Il 2q I b 21- dcr¼'(4'rcl t5 4, ffkl } _. Date of execution of the affidavit of consent required by Section 3301 (c) of the Divome Code: ~2004 ; by Defendant , Jx)}q¢ I, .2-00-4 Related claims pending: ~-~mh~. Date Plaintiff's Waiver of Notice in §3301(c) Divorce was filed with the Prothonotary: Date Defendant's Waiver of Notice in §3301(c) Divorce was filed with the Prothonotary: by the Plaintiff 4. 5. Date: ~ i '''/ ' 2004 By: I~,] Jessica Becker Rhoades, Plaintiff IN THE COURT OF COMMON PLEAS OF" CUMBERLAND COUNTY STATE: OF Jessica Becker Rhoades Plaintiff VERSUS Adam Rhoades PENNA. N O. 04-374 Civil Defendant DECREE IN DIVORCE D E C RAE~: TNH~TW' ~ s~idcke ~Rhoade s~' ~ Adam Rhoades AND ARE DIVORCED FROM THE BONDS OF MATRIMONY. , IT IS ORDERED AND , PLAINTI FF~ , DEFENDANT, ~eeree BY TH E.~OU RT: ATTEST: The Marital Settlement Agreement filed in this matter is BEEN RAISED OF RECORI~_IN THIS ACTION FOR WHICH A FINAL ORDER HAS NOT YET BEEN ENTERED; ~11~1~.12' THE COURT RETAINS JURISDICTION OF THE FOLLOWING CLAIMS WHICH HAVE